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Real Estate Law

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Experience: I hold a JD and have more than 12 years of legal experience.

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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

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How do you want to get off ownership? You mean without your ex-wife's permission?

Got it, thanks. That is an automatically generated offer, not something I sent you. Please allow me some time to prepare your answer.

What type of tenancy is this? A Joint tenancy? Or a tenancy in common? And to confirm, you are not married, correct?

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Customer reply replied 1 year ago

Can you give me some info and if needed we can talkNot married, residential, reconcellation did not work but we are on rural development loan, co-owners, aug 29. She used my lady name not new legal name after divorce.

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ANSWER: Getting off the deed (or title) does not let you off the hook for the mortgage. If you are responsible for paying the mortgage, you are on the hook, irrespective of your ownership interest in the home. When there are multiple people listed as owners of the mortgage loan, they are jointly and severally liable for the loan. That means either of you separately or both of you together are responsible for the loan. So you would have to agree together to terminate the loan and pay off what the loan has paid for the home, plus interest and penalties, as stated in the mortgage document.

Note, however, that it might mean that the home is foreclosed upon unless the other party is willing to take on the entire loan herself.

Long story short, you are both responsible for the loan, together and individually. So you and your ex-spouse have to work out an agreement for her to take on the loan herself, or to sell the home and pay off the loan with the proceeds. The answer on what can be done aside from that is in the loan document itself.

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Customer reply replied 1 year ago

paralegal was going to get with you and respond, did not like last answer.. I need someone to work with x and negociate new loan with me off of it... I dont need to be envolved with x wife any...i need a go between to resolve.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).